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2023 Supreme(Mad) 49

S. SOUNTHAR
S. M. Devi – Appellant
Versus
Idol of Sri Jambukeswarar, Akilandeswari Devasthanam, Rep. , by its Executive Officer, Thiruvanaikovil, Trichi-5 – Respondent


Advocates Appeared:
For the Appellants : Mr. S. Vinayak for Mr. Jayaprakash Narayanan.
For the Respondent: Ms. N. Krishnaveni, Senior Counsel assisted by Mr. P. Thiagarajan.

JUDGMENT :

[Prayer: Appeal filed under Section 100 of Civil Procedure Code to set aside the judgment and decree dated 29.09.2004 made in A.S.No.166 of 2004 on the file of the Principal District Court, Tiruchirappalli reversing the judgment and decree dated 13.10.2003 made in O.S.No.198 of 1995 on the file of the II-Additional District Munsif's Court, Tiruchirappalli.]

1.1. Defendants 2 and 3 are the appellants. The respondent herein filed a suit for recovery of possession and also for arrears of rent against the appellants. The suit was dismissed by the trial Court and on appeal filed by the respondent, the judgment of the trial Court was reversed and the suit was decreed. Aggrieved by the same, defendants 2 and 3 are before this Court.

1.2. The respondent is the Idol of Sri Jambukeswarar Akilandeswari Devasthanam, represented by its Executive Officer. As per the plaint averment, the respondent/Idol is the absolute owner of the suit property and the appellants are the tenants. The tenancy is oral and as per the understanding, the first defendant (the suit was originally filed against the deceased first defendant and pending suit he died, the appellants his legal representatives were

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